HomeMy WebLinkAbout09-22-14 IN THE OFFICE OF THE REGISTER OF WILLS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
I N RE: ESTATE OF ELIZABETH BULOTA, ' NO. �" I'�1 � 1 ��
DECEASED �
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LATE OF LOWER ALLEN TOWNSHIP : � ° ;� �
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PETITION FOR PROBATE OF A PHOTOCOPY OF A WILL AND�� :,:� �y,
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AND NOW, comes petitioner, Stephen N. Walden, by and through �i�'under�s gn�i �.'�'
counsel, and petitions the Register for probate of a photocopy of a WdJ;and o�'s�dia�`sr;�
stating in support as follows: " c� "' -°
1. The petitioner is Stephen N. Walden, son of Elizabeth Bulota, deceased.
2. Elizabeth Bulota ("Testatrix") died July 3, 2014, a resident of Cumberland
County, Pennsylvania.
3. At the time of her passing the Testatrix was survived by three adult children,
namely Stephen N. Walden, Mark D. Walden and Gail Ann (Walden)
Coleman, and one step-son, namely William R. Bulota. There were no
predeceased children of the Testatrix and William R. Bulota was the sole
surviving son of Stanley Bulota (the predeceased husband of the Testatrix)
whose only other children, Charles R. Bulota and Benjamin Bulota,
predeceased the Testatrix.
4. Testatrix's son, Mark D. Walden, executed a renunciation of appointment as
an executor and/or administrator and consent to the prayed-for relief and the
original is attached to this Petition (see Exhibit "A").
5. Testatrix's daughter, Gail Coleman, executed a renunciation of appointment
as administrator and consent to the prayed-for relief and the original is
attached to this Petition (see Exhibit "B").
6. On April 14, 2003, Testatrix and her then husband, Stanley Bulota, who died
October 25, 2005, executed mutual Wills, each of which gave one-third of the
residue to the testator's surviving spouse or, if not surviving, to his/her issue.
A copy of Stanley Bulata's Will, probated in Cumberland County is attached
hereto (see Exhibit "C").
�
7. Each of the said mutual Wilis had appended thereto a "Marital Agreement for
Mutual Wills" (herein "Agreement") executed in duplicate originals (see copy
attached as Exhibit "D").
8. The Agreement featured a covenant that neither party "shall revoke or amend
the Will this day executed by him or her, without the express written consent
of the other spouse."
9. The April 14, 2003 Will of Stanley Bulota was probated by the Register of
Wills for Cumberland County on November 8, 2005 at docket number 2005-
00989.
10. Testatrix's step-son, William R. Bulota, the only surviving child of Stanley
Bulota, the predeceased husband of Testatrix, executed a Consent to the
prayed for relief and the original is attached to this "Petition" (See Exhibit "E").
11.After a reasonable search, all as more fully described in the accompanying
Affidavit, Petitioner has not been able to locate Testatrix's original Will dated
April 14, 2003 (a photocopy of the Will is attached as Exhibit "F").
12.On January 16, 2007, Testatrix executed a Codicil providing that a lifetime gift
to her daughter should be treated as an advancement and that said
daughter's share of Testatrix's estate should be held in a "spendthrift" trust for
her benefit.
13.The said Codicil made no change to the one-third residuary gift to the issue of
her predeceased husband, expressly stating that "in all other respects I
hereby ratify, confirm and republish my Last Will dated April 14, 2003,
together with this sole codicil as and for my Last Will" (a photocopy of the
Jan.16, 2007 codicil is attached as Exhibit "G").
14.The August 17, 2010, Testatrix executed a "Second Codicil" to reverse the
provision of the Codicil of January 16, 2007, which had provided for a lifetime
gift to her daughter to be treated as an advancement.
15. The August 17, 2010 "Second Codicil" expressly stated that "[i]n all other
respects I hereby ratify, confirm and republish my Last Will dated April 14,
2003 and my Codicil of January 16, 2007, together with this Second Codicil,
as and for my last Will and Testament" (a photocopy of the Second Codicil is
attached as Exhibit "H").
16.On August 17, 2012, Testatrix executed a "Third Codicil," which eliminated
the provision for her daughter's share to be held in trust.
17.Testatrix's "Third Codicil" of August 17, 2012 expressly states that "[i]n all
other respects I hereby ratify, confirm and republish my Last Will dated April
14, 2003 and my First and Second Codicils thereto, as and for my Last Will
and Testament" (the original "Third Codicil," executed by Testatrix and
notarized, along with the Oaths of finro non-subscribing witnesses to
Testatrix's signature, is attached as Exhibit "I").
18.With each Codicil, Testatrix demonstrated her commitment to honor the
Agreement for Mutual Wills by changing only the form of her daughter's
share, and taking care to "in all other respects...ratify, confirm and republish
[her] Last Will Dated April 14, 2003," thus preserving the gift to her
predeceased husband's issue.
19.These facts establish that Testatrix would not have destroyed her Will dated
April 14, 2003.
WHEREFORE, the Petitioner prays the Register admit to probate the photocopy
of Testatrix's Last Will dated April 14, 2003, along with Testatrix Third Codicil, as and for
her Last Will and Testament and issue Letters Testamentary to the Petitioner.
Dated: September , 2014 Respectfully submitted:
� ����
Robert Van Horn, Esquire
Counsel for the Petitioner
IN THE OFFICE OF THE REGISTER OF WILLS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ESTATE OF ELIZABETH BULOTA, :
DECEASED : NO.
LATE OF LOWER ALLEN TOWNSHIP :
VERIFICATION
I, Stephen N. Walden, hereby verify that the statements made in the foregoing
Petition are true and correct, to the best of my knowledge, information and belief. I
understand that false statement herein are made subject to the penalties of 18 Pa.
C.S.A. § 4904, relating to unsworn falsification to authorities.
Dated: September zZ , 2014
Stephen . alden
EXHIBIT "A"
IN THE OFFICE OF THE REGISTER OF WILLS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ESTATE OF ELIZABETH BULOTA, ; NO.
DECEASED •
LATE OF LOWER ALLEN TOWNSHIP �
CONSENT TO PETITION JOINDER AND RENUNCIATION
I, Mark D. Walden, am the son of Elizabeth Bulota and i hereby:
1. Consent to the Pe#�#iQn �f c+.$phPr! N. lNa��dp� #�r Probat� of a photocopy of
the Will of Elizabeth Bulota dated April 14, 2003, along wan�her third Codicil
dated August 17, 2012, and join in the Prayer for Relief,
2. Join in the Affidavit of Stephen N. Walden appended to the Petition
referenced above; and
3. Renounce my appointment as Co-Executor under the terms of my mother's
Last Wilt and Testament and request that my brother, Stephen N. Walden,
serve as sole Executor; and
4. In the event the Prayed for Relief is not granted, renounce my right to serve
as an administrator under the intestacy laws of the Commonwealth of
Pennsylvania with the request that my brother, Stephen N. Walden, should so
serve.
Dated: , 2014 BY�
Mark D. Walden
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EXHIBIT "B"
IN THE OFFICE OF THE REGISTER OF WILLS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ESTATE OF ELIZABETH BULOTA, :
DECEASED : NO.
LATE OF LOWER ALLEN TOWNSHIP :
CONSENT TO PETITION JOINDER AND RENUNCIATION
I, Gail Ann (Walden) Coleman, am the daughter of Elizabeth Bulota and I hereby:
1. Consent to the Petition of Stephen �i. �'Jaic�en for Probate of a photocopy of
the Will of Elizabeth Bulota dated April 14, 2003, along with her third Codicil
dated August 17, 2012 and join in the Prayer for Relief; and
2. Join in the Affidavit of Stephen N. Walden appended to the Petition
referenced above; and
3. In the event the Prayed for Relief is not granted, renounce my right to serve
as an administrator under the intestacy laws of the Commonwealth of
Pennsylvania with the request that my brother, Stephen N. Walden, should so
serve.
. � �r'�-_
Dated: ' a,C�_, 2014 By' Gail Ann (Walden) Coleman
EXHIBIT "C"
. ,,4��:��� .� �::. �'z�s���8'�t
LAST WILL AND TESTAMENT
OF
STANLEY BULOTA
I, STANLEY BULOTA, of Camp Hill, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, pubiish and
declare this as and for my Last Wilt and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST
I direct the payment from my estate of my just debts and the expenses of my last
illness and funeral as soon after my death as conveniently may be done. If there be no
cemetery lot available for my interment owned by me at� the time of my death, I
authorize my personal representative to purchase such cemetery lot with a contract for
perpetual care, using therefor funds from my estate in such amount as he shall consider
necessary and desirable, and I authorize my personal representative to cause title to or
ownership of such lot so purchased to be vested in such person as my personal
representa#ive shatl designate.
Further, I authorize my personal representative to expend funds from my estate,
� in such amount as my personal representative shall consider necessary and desirable
� for the purchase, erection and inscription of a suitable marker for my grave.
SAIDIS SECOND
iHUFF, FLOWER
& LINDSAY All my personal effects, clothing, furniture, fumishings, jewelry, automobiles,
ATTORNEYS•AT•[A W
2109 Market Street
Camp Hill,�n other tangible personal property of every kind, and insurance thereon, I give in
accordance �rith a memorandum which accompanies my will. To the extent that such
memorandum fails to dispose of all personal property or if the memorandum is not in
existence at my death, then such property shall be added to the residue of my estate.
� .
. THIRD
To my beloved wife, ELIZABETH BULOTA, I give and bequeath one-third (1/3) of
the residue of my estate, absolutely and in fee simple, if she survives me by thirty (30)
days. If she should fail to survive me by thirty (30) days, then this gift shall pass in
equal shares to her children, GAIL ANN WALDEN, STEPHEN N. WALDEN and MARK
D. WALDEN, per stirpes.
FOURTH
I direct my executor to divide the rest, residue and remainder of my estate into
two equal shares. One share I give to my son, William R. Bulota, or his heirs,
absolutely and in fee simple. The other share I give to my Trustee hereinafter named,
IN TRUST, NEVERTHELESS, for the benefit of my son, Charles R. Bulota, under the
following terms and conditions:
� 1. My Trustee shall pay so much of the income and principal of this trust as my
�
Trustee, in his sole and absolute discretion, deems advisable to maintain, or
to enrich the life experience of, my son� Charles R. Bulota. My Trustee's
discretion is limited, however, by my direction that the Trustee preserve my
son's eligibility for govemment services and benefits, including VA disability
pension benefits.
2. I make this provision for my son, Charles R. Bulota, with the full
understanding of his physical disabitity, and I am aware that he currently
SAIDIS
�xv�, F'I.owEx receives a monthly VA pension, which this provision is intended merely to
& LINDSAY
A,TO��s•AT•�+W supplement, not to supplant or replace. I therefore direct my Trustee to
2109 Market Street
Camp Hill,PA
preserve the principal of this trust for the benefit of the remaindermen, to the
extent he deems it appropriate; and in making expenditures of income and
principal my Trustee is directed to take into account all other available
2
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- sources for the support of my beneficiary, including entitlement to VA benefits
and federal and state public assistance payments.
3. Upon the death of Charles R. Bulota, this trust shall terminate and the Trustee
shall distribute the principal, accretions thereto, and any accumulations of
income, to my son William R. Bulota, or his heirs.
FfFTH
In addition to the powers conferred by law, I authorize any personal
representative, trustee or guardian acting under this instrument, in his/her absolute
discretion:
(a) To retain in the form received, or to sell either at public or private
sale any real or personal properly;
(b) To exercise any options to subscribe for stocks, bonds, or other
� investments.
(c) To join in any plan of lease, mortgage, consolidation, exchange,
reorganization or foreclosure o# any corporation in which my estate or any trust
may hold stocks, bonds or other securities;
(d) To sell, transfer, convey, mortgage, pledge, lease or exchange any
property, real or personal, which at any time may form part of my estate, for the
payment of debts or taxes, or for any purpose of administration or distribution, for
such prices and upon such terms as they, in their sole discretion, may deem
SAIDIS
HUFF, FLOWER wise, and to execute and deliver deeds of conveyance or transfer thereof;
& LINDSAY
ATTORNEYS•AT•�,W �e) To make settlements and compromises on such terms as they, in
2109 Market Street
Camp Hill,PA
their sole discretion may deem wise without the necessity of obtaining any court
approval thereof;
3
� (fl To make distribution hereunder either in cash or kind, as they, in
their discretion may deem wise.
SIXTH
I appoint my son, William R. Bulota, of Clarkston, Washington, as Trustee of the
trust created under this Will for the benefit of his brother, Charles R. Bulota. In the
event that William R. Bulota should be unwilling or unable to serve as my Trustee, I
appoint my granddaughter, Lara Ann Bulota, also of the State of Washington, to serve
as altemate or successor Trustee. In the event that both of the foregoing persons are
unwilling or unable to serve, I appoint Paula K. Knudsen, of 3645 Marietta, Lancaster,
PA, as second altemate or successor Trustee.
SIXTH
I do hereby nominate, constitute and appoint my wife, Elizabeth Bulota, and my
son, William R. Bulota, to act as Co-Executors of this my Last Will and Testament.
Provided, however, that if both are unwilling or unable to act as Executor, I direct the
duties of Altemate Executor be performed by my granddaughter, Lara Ann Bulota.
SEVENTH
I direct that no personal representative, guardian, trustee or other fiduciary
appointed under this instrument shall be required to give bond for the faithful
performance of his or her duties in any jurisdiction.
IN WITNESS WHEREOF, I, STANLEY BULOTA, have hereunto set my hand
SAIDIS and seal to this my Last Will and Testament, consisting of four (4) typewritten pages,
xUF'F, �.ow�t the first three (3) of which bear my signature in the margin for identification, this �
& LINDSAY day of ; 2003.
ATTORNEYS•AT•LAW
2109 Market Street
Camp Hill,PA
ANLEY LOTA, Testator
4
�
� Signed, sealed, published and declared by the above-named Testator, STANLEY
BULOTA, as and for his Last Will and Testament in the presence of us, who have
hereunto subscribed our names at his request as witnesses thereto, in the presence of
s "d Testator and of each other.
ADDRESS 2 t�"� �v,.1�" ��
c. � � - , P�—
.f� .��y�`.,.�-ADDRESS � f � `i �„t,r t-a t- 5 fi ,
� �4,^-�;-� Y-( t [ I � �
f
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND .
WE, STANLEY BULOTA, l��uaS � • �fvw-Pr and
, the Testator and witnesses, respectively whose names
are signed to the regoing or attached instrument, being first duly sworn, do hereby
declare to the undersigned authority that the Testator signed and executed the
instrument as his Last Will and Testament and that he signed willingly and that he
executed as his free.and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testator signed the Will as
witness and that to the best of their knowledge the Testator was at the time 18 or more
years of age, of sound mind and under no constraint or undue influence.
�
STANLEY LOTA, Testator
, Witness
.�_��_„�.�-�
, Witness
Subscribed, sworn to and acknowledged before me by STANLEY BULOTA, the
SAIDIS Testator, and subscribed to and swom or affirmed to before me by
HUFF, FLOWER �� � `/p��j�' and witn es,
this � day of
& LINDSAY ,Q,�l,�� , 2003.
ATTORNEYS•AT•LAW �`I�� /
2109 Market Street /
Camp Hill, I�A
�
� otary Public
Notarlal8eal
SalNe Allshouse,Notary Public
Carliste Boro,Cumbedand County
My Commission Expires Mar.29,2004
5
EXHIBIT "D"
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" MARITAL AGREEMENT FOR MUTUAL WILLS
.
THIS AGREEMENT, made the f�� day of i�� , 2003, by and between
� Elizabeth Bulota ("Wife") and Stanley Bulota ("Husband"),
WITNESSETH:
WHEREAS, on even date herewith, Wife and Husband have executed mutual Wills,
duly witnessed and acknowledged, with the following dispositive provisions:
1. The Wills of both Husband and Wife leave one-third of the residue to the
testator's spouse, if such spouse survives the testator by thirty days; otherwise, the
same one-third of the residue passes to the children of the testator's spouse; and
2. Both Wills further provide that the surviving spouse and one or more of
the testator's sons shall be appointed to serve as co-executors of the testator's estate;
WHEREAS, both Wife and Husband now desire to exchange legalfy-binding mutual
assurances that the survivor of them cannot revoke the items designated "1" and "2"�
above;
NOW THEREFORE, in consideration of the mutual assurances passing between
them, and intending to be legally bound, the undersigned Husband and Wife do
hereby covenant and agree that neither one of them shal( revoke or amend the Will
this day executed by him or her, without the express written consent of the other
spouse.
IN WITNESS WHEREOF, Wife and Husband have hereun#o set their hands and seals
on the day and year first above written.
� Seal) � . (Seal)
Eli eth Bulota (Wife) Stanley Bulo Husband)
� � ��.., �'
W itness W itness
SAIDIS
�HUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LA W
2109 Market Street
Camp Hill, PA
EXHIBIT "E"
IN THE OFFICE OF THE REGISTER OF WILLS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ESTATE OF ELIZABETH BULOTA, :
DECEASED : NO.
LATE OF LOWER ALLEN TOWNSHIP :
CONSENT TO PETITION AND JOINDER
I, William R. Bulota, am the step-son of Elizabeth Bulota and the only surviving
child of Stanley Bulota, the predeceased husband of Elizabeth Bulota, and I hereby:
1. Consent to the Petition of Stephen N. Walden for Probate of a photocopy of
the Will of Elizabeth Bulota dated April 14, 2003, along with her third Codicil
dated August 17, 2012, and join in the Prayer for Relief; and
2. Join in the Affidavit of Stephen N. Walden appended to the Petition
referenced above.
A �
Dated: , 2014 .
William R. ulota ��' L �
� �
EXHIBIT "F"
� : ,
. ` LAST WILL AND TESTAMENT
' OF
ELIZABETH BULOTA
I, ELIZABETH BULOTA, of Camp Hill, Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding, do hereby make, publish and
declare this as and for my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST
� I direct the payment from my estate of my just debts and the expenses of my last
illness and funeral as soon after my death as convenientiy may be done. If there be no
cemetery lot available for my interment owned by me at the time of my death, I
authorize my personal representative to purchase such cemetery lot with a contract for
� �
perpetual care, using therefor funds from my estate in such amount as he shall consider
'
necessary and desirable, and I authorize my personal representative to cause title to or
�,� ownership of such lot so purchased to be vested in such person as my personal
�i .
representative shall designate. �
Further, I authorize my personal representative to expend funds from my estate,
in such amount as my personal representative shall consider necessary and desirable
for the purchase, erection and inscription of a suitable marker for my grave.
SAIDIS SECOND
3HUFF, FL0�1ER
& LINDSAY All my personal effects, clothing, furniture, fumishings, jewelry, automobiles,
ATfORNEYS•AT•LAW
2109 Market Street
Camp Hill,Pn other tangible personal property of every kind, and insurance thereon, I give in
accordance with a memorandum which accompanies my will. To the extent that such
memorandum fails to dispose of all personal property or if the memorandum is not in
existence at my death, then such property shall be added to the residue of my estate
�
THIRD
To my beloved husband, STANLEY BULOTA, I give and bequeath one-third (1/3)
of the residue of my estate, absolutely and in fee simple, if he survives me by thirty (30)
days.
If he should fail to survive me by thirty (30) days, then this gift of one-third of the
residue of my estate shall be further divided into finro (2) equal shares, and distributed
as follows: One such share I give to my husband's son, WILLIAM R. BULOTA, or his
heirs. The other share I give to the same WILLIAM R. BULOTA, IN TRUST,
NEVERTHELESS, for the benefit of my husband's other son, CHARLES R. BULOTA, to
be administered according to the terms of the supplemental needs trust established
C
under the Will of STANLEY BULOTA.
� FOURTH
� • All the rest, residue and remainder of my estate I give in equal shares unto my
�
children, GAIL ANN WALDEN, STEPHEN N. WALDEN and MARK D. WALDEN, per
G�
stirpes.
FIFTH
In addition to the powers conferred by law, I authorize any personal
representative, trustee or guardian acting under this instrument, in his/her absolute
discretion:
SAIDIS
SxUFP, FLOWER (a) To retain in the form received, or to sell either at public or private
& LINDSAY
ATTORNEYS•AT•IAW sale any real or personal property;
2109 Market Street
Camp Hill,PA
(b) To exercise any options to subscribe for stocks, bonds, or other
investments.
2
,
- � (c) To join in any plan of lease, mortgage, consolidation, exchange,
reorganization or foreclosure of any corporation in which my estate or any trust
may hold stocks, bonds or other securities;
(d) To sell, transfer, convey, mortgage, pledge, lease or exchange any
property, real or personal, which at any time may form part of my estate, for the
payment of debts or taxes, or for any purpose of administration or distribution, for
such prices and upon such terms as they, in their sole discretion, may deem
wise, and to execute and deliver deeds of conveyance or transfer thereof;
(e) To make settlements and compromises on such terms as they, in
their sole discretion may deem wise without the necessity of obtaining any court
approval thereof;
(fl To make distribution hereunder either in cash or kind, as they, in
their discretion may deem wise.
SIXTH
I do hereby nominate, constitute and appoint my husband, Stanley Bulota, and
my sons Steven N. and Mark D. Walden, to as Co-Executors of this my Last Will and
Testament.
SEVENTH
I direct that no personal representative, guardian, trustee or other fiduciary
appointed under this instrument shall be required to give bond for the faithful
SAIDIS
sxUFF', FI,.OwE�t perFormance of his or her duties in any jurisdiction.
& LINDSAY
ATCORNEYS•AT•LAW IN WITNESS WHEREOF, I, ELIZABETH BULOTA, have hereunto set my hand
2109 Market Street
Camp Hill,�A and seaf to this my Last Wi{I and Testament, consisting of three (3) typewritten pa e�,
the first two (2� of which bear my signature in the margin for identification, this / �
day of , 2003.
�� � � �-�.
ELIZ ETH BULOTA, Testatrix
3
Signed, sealed, published and declared by the above-named Testatrix,
ELIZABETH BULOTA, as and for her Last Will and Testament in the presence of us,
who have hereunto subscribed our names at her request as witnesses thereto, in the
presence of said Testatrix and of each other.
� ADDRESS ��0�'i �I�'
C� ,� , ��---
.�w-- �, ADDRESS � �o`i ��,r1.� r S i-
G.c� .,...�7 �! t t 1 ��'
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND .
WE, ELIZABETH BULOTA, �o�tcc � , �fower and
�_�. , the Testatrix and witnesses, respectively whose names
are signed to the regoing or attached instrument, being first duly sworn, do hereby
declare to the undersigned authority that the Testatrix signed and executed the
instrument as her Last Will and Testament and that she signed willingly and that she
executed as her free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testatrix signed the Will as
witness and that to the best of their knowledge the Testatrix was at the time 18 or more
years of age, of sound mind and under no constraint or undue influence.
� � ���-1..�-��
ELI ETH BULOT , Testatrix
, Witness
�,�..�.�,.^ �.�.�,-•-�
�itness
SAIDIS Subscribed, swom to and acknowledged before me by ELIZABETH BULOTA,
SxU�, FLOVVER the Testatrix, and subscribed to and sworn or affirmed to before me by
& LINDSAY �,�Q4FFei�,�r and �r�,Y�i7 �d��1 w' esses, thi day of
ATTORNEYS•AT•LAW I�J���/ � Z003.
2109 Market Street �
Camp HiII, PA
Notary ic
Notarial Seal
Satlle Allshouse,Notary Public
Carlisle Boro,Cumberland County
4 My Commission Expires Mar.29,2604
EXHIBIT "G"
. . -4
�. � o( �� �"� �
�
CODICIL
OF
ELIZABETH BULOTA
i, ELIZABETH BULOTA, the within named Testatrix, do hereby make and publish
this Codicil of my Last Will and Testament dated April 14, 2003.
FIRST
I hereby amend Article FOURTH of my said Will to provide as follows:
I. Thirty Thousand ($30,000.00) Dollars given by me during my lifetime to my
daughter, GAIL ANN WALDEN, shall be treated as an advancement (without interest)
against that share of my estate hereinafter bequeathed in trust for her benefit;
II. I give, devise and bequeath atl the rest, residue and remainder of my estate, in
three (3) equal shares, per stirpes—
A. to my son, STEPHEN N. WALDEN;
B. to my son, MARK D. WALDEN; and
C. to my Trustees, Stephen N. Walden and Mark D. Walden, IN TRUST,
NEVERTHELESS, for the benefit of my daughter, GAIL ANN WALDEN, upon the
following terms and conditions:
1. To hold, manage, invest and reinvest the principal so received, and
the accumulation of income thereon;
2. To distribute to my daughter, GAIL ANN WALDEN, the sum of One
Thousand Eight Hundred ($1,800.00) Dollars per month;
3. To invade the principal of this trust, from time to time, in their
absolute discretion, to make such additional distributions as they deem necessary and
desirable, for my daughter's health, maintenance and support, provided that, in their
1
sole judgment, her circumstances shall have so changed from those which prevail at
the time I draft this Codicil, that my Trustees befieve I would have so directed, had
such altered circumstances existed during my lifetime;
4. All payments of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligations of the beneficiary, and shall not be
subject to any execution or attachment;
5. When my daughter attains the age of sixty-five (65) years, all
remaining principal and undistributed income shall be distributed to her free of trust,
and this trust shall terminate.
6. Should my daughter fail to survive until the termination of this trust,
any remaining principal and undistributed income of this trust shall be distributed, in
equal shares, per capita, to my grandchildren.
SECOND
In all other respects I hereby ratify, confirm and republish my Last Will dated April
14, 2003, together with this sole Codicil as and for my Last Will.
IN WITNESS WHEREOF, I, ELIZABETH BULOTA, have hereunto set my hand
and seal to this Codicil to my Last Will and Testament this �_ day of January,
2007.
5
� ELIZABETH BULOTA
.
,��.�`s �'��
2
�
EXHIBIT "H"
._,r-----�
�
SECOND CODICIL
OF
ELIZABETH BULOTA
I, ELIZABETH BULOTA, the within named Testatrix, do hereby make and publish this
Second Codicil of my Last Will and Testament clated April 14, 2003 and first Codicil
of January 16, 2007.
FIRST
I hereby amend Article fIRST, Paragraph I. of my said Codi�il of January 16, 2007,
to provide as follows:
1., Thirty: Tt�ousand ($30:,000.00� Dollars giver� hy rne during my lifetirr�e to my
daughter,���hlL ANN WALDEN, shall not be treated as an advancement against
that share of my estate bequeathed in trust for her benefit. The said lifetime gift
shall be disregarded and shall have no effect whafisoever upon the distribution of
my estate.
SECOND
In all other respects I hereby ratify, confirm and republish my Last Will dated April
14, 2003 and my Codicil of January 16, 2007, together with this Second Codicil, as
and for my Last Will and Testament.
IN WITNESS WHEREOF, I, ELIZABETH BULOTA, have hereunto set my hand and seal
to this Second Codicil to my Last Will and Testament this ��� day of
, 2010.
` _� �
.
ELI ETH BULOTA
1
/
�/ Signed, sealed, published and declared by the above-named ELIZABETH
BULOTA, Testatrix, as and for her Second Codicil to her Last Will and Testament in
the presence of us, who have hereunto subscribed our names at her request as
witnesses thereto, in the presence of said Testatrix and of each other.
L '
ADDRESS l� �-U � ���q�,(
- �'�,��s�, ��
.�-�'j a��,�L� A D D R ESS r�3.���� V' l�, b—_
�C.� :u�!5�A ��--
.-. , COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND . ' -
_, 1aV�, � ELiZABETH BULOTA, ::Th�mt�s E. Fl�w�r and ��►���;�Z,Q �V'��.� , the
Testt�tor and witnesses, res�e,ctivel.y whose names �re signed to the foregoing or
. attpch�d instrument, being first �iuly, sworn, do hereby declare to the
unc#ersigned authority that the Te�tatrix si�nPd and execut�d the instrument as
; her;SecQnd Codicil to her Last Will:and Testc�ment and that she signed willingly
and that she executed as her free and voluntary act for the purposes therein
expressed, and that each of the wifinesses, in the presence and hearing of the
Testatrix signed the Will as witnesses and th�t to the best of their knowledge the
Testatrax was at the time eighteen (18) or mare years of age, of sound mind ar�d
under no constraint or undue influence.
��,� .-
�-�' .� .
ELIZ BETH BULOTA
€
-,�.
Witness
GLy'Wt�-D �,(�i Gu J
Witness
2
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i,
F/
j'
/
Commonwealth of Pennsylvania ) SS.
County of Cumberland )
)
On this, �he /7 day of _�vGvsr , 2010, before me, Nathan C. Wolf,
the undersigned officer, personally appeared Thomas E. Flower, Esq., known to
me or satisfactorily proven to be a member of the bar of the highest court of
Pennsylvania, and certified that he was personally present when the foregoing
acknowledgment and affidavit were signed by the testatrix and witnesses.
I have signed my name and affixed my seal.
� . . .. .
COMMONI(VEALTH OF PENNSYLVANIA
Notarial Seal
, . Nathan C.Wolf,Notary Public � -
Carlisle Boro,Cumbedand County
MyCommissionExpiresAprf119,20t2 , .
Member,Pennsytvania�ssociation af Notaries. � , ,
3
EXHIBIT "I"
THIRD CODICIL
OF
ELIZABETH BULOTA
I, ELIZABETH BULOTA, do hereby make and publish this Third Codicil of my Last Will
and Testament dated April 14, 2003.
I hereby amend any provision in my will or codicils for distribution for my
daughter, GAIL ANN WALDEN, to be held in trust, and I direct that the same be
distributed to her outright and free of trust.
in all other respects i hereby ratify, confirm and republish my Last Will dated April
14, 2003 and my First and Second Codicils thereto, as and for my Last Wiil and
Testament.
IN WITNESS WHEREOF, I, ELIZABETH BULOTA, have hereunto set my hand and seal
to this Third Codicil to my Last Will and Testament this /7 � day of u ,
2012.
,
- ��,.i �
ELI BETH BULOTA
Commonwealth of Pennsylvania ) SS.
County of Cumberland )
On this, the �7�'day of 1�iY�, 2012, before me, the undersigned
officer, personally appeared Eliza eth Bulota, known to me or satisfactorily
proven to be the person whose name is subscribed to the foregoing codicil and
acknowledged that she executed the same for the purposes therein contained.
I have signed my name and affixed my seal.
Notary
COMMONWEALTH pp��MN�YL1/ANIA
NOTAR�
THOMAS E.FLOWER,Notary Pubtic
Carlisle Boro.,Cumberland Counry
My Commission Expires October 26,2014
1